Collective Consultation – What Is It And When It Should Be Used
What is collective consultation? Collective consultation is the process where employers consult with a small number of staff representatives on behalf of a larger number of employees. This occurs most frequently when employees are affected by proposed redundancies of 20 or more staff or the transfer of the business (TUPE), but other scenarios warrant collective […]
TUPE: Do employers need to consider ‘workers’?
As more companies utilise the gig economy to create a flexible workforce, the rights of workers become even more of a controversial topic. The distinction between employees and workers has long been a contentious issue. However, the arguments surrounding the different types of personnel typically centres around their rights in the workplace concerning annual leave […]
Does TUPE Apply To Sub-Contractors?
TUPE’s Application With Sub-Contractors A typical query that often arises in respect of the TUPE regulations is whether TUPE applies to Sub-Contractors. Do the regulations still apply when a contracting company sub-contracts a contract, breaking the contractual link between the client and the company initially contracted to carry out the work? … Well no. Only […]
What Is TUPE?
The transfer of ownership in a business or organisation from one owner to another. TUPE (Transfer of Undertakings, Protection of Employment) is designed to bring assurances to employees who will be protected under the TUPE regulation. As an employer in the UK, irrelevant of your business size, your employees will automatically be protected under the […]
Can TUPE Terms Be Changed?
Changing employment terms after TUPE When TUPE applies, the affected employees automatically transfer to the incoming employer on their existing terms and conditions of employment. The terms and conditions of the contract cannot be changed if the sole reason for the change is the TUPE transfer itself. If you want to change the terms and […]
Can TUPE Apply To One Employee?
To be considered a relevant transfer under TUPE, the regulations state that before a service provision change, there is an “organised grouping of employees” situated in Great Britain, whose principal purpose is carrying out work on behalf of the client. The regulations themselves do state that it is possible for one employee to be considered […]
When Do TUPE Regulations Apply?
TUPE applies when there is a relevant transfer: this may either be the transfer of a business or undertaking or a service provision change. Illegality For TUPE to apply, the relevant transfer must be a legal one. If the transfer or undertaking is for an unlawful purpose, such as money laundering or drug dealing, then […]
